[0:04] Oh, what is what Okay.

[0:06] » Which one do you want me to

[0:10] » That one?

[0:17] There's my note taker. It's online. Okay.

[0:21] Tom Lacoste wants to enter. Say admit. Okay.

[0:25] So, there's me and Tom. And so, then if you click up in the top

[0:32] Yeah, up there it'll make it smaller. Not that one.

[0:36] Try it. Not that There. Try that one. There.

[0:38] » Is that how you want it to be? Or do you want it to

[0:40] » No, the next one. We'll leave it like that.

[0:43] » Okay. >> Okay.

[0:50] Okay. And then you need to scroll to the top

[0:54] for the agenda. Okay.

[0:56] All right.

[1:02] One last thing. And don't forget when these guys come up to talk, you're going

[1:08] to hit that button. >> in the center. Got it.

[1:10] » Okay.

[1:13] Good evening and welcome to the Virgin Town Planning and Zoning Regular Meeting

[1:18] and Public Hearing. Um the time is 5:32.

[1:23] And um we're going to start our meeting with the Pledge of Allegiance led by

[1:28] Mr. Kent Peterson.

[1:34] » Please join with me by leading the flag. >> I pledge allegiance to the flag of the

[1:40] United States of America and to the Republic for which it stands, one nation

[1:46] under God, indivisible, with liberty and justice for all.

[1:54] » Thank you, Kent. And next we'll proceed with our declaration of conflicts of

[1:59] interest. I'm going to start with um Claudia.

[2:04] » I don't have >> I have none.

[2:06] » None for me. >> And Kent?

[2:07] » No. >> All right, thank you very much. Um

[2:11] the minutes that were in our folder were not these minutes, so we're just going

[2:15] to um move the minutes approval for July to

[2:19] next month.

[2:23] If that's okay with everyone. >> Yeah.

[2:27] » Okay. And um next we'll move to open forum.

[2:31] Um just remember um this is a chance for our public and our

[2:37] community to speak, and there is a 2-minute per speaker.

[2:42] You may talk about anything not on the agenda. Is there anyone who would like

[2:46] to um or who has an open forum comment? >> That's good.

[2:55] » Hi. Hi. >> Yeah.

[2:56] » I'm interested >> I'm sure that I'm going to vote

[2:59] in this matter. >> Um

[3:02] I'm looking at the conflicts I was looking through our ordinances and

[3:06] looking at our permitted uses and our conditional uses, and I feel like

[3:11] they're really we're getting too many of them in the

[3:13] public housing in the town. And I'm just strongly encouraging you to

[3:17] look at that and realize the potential economic impact that they have long

[3:22] term. So, that's all I have.

[3:26] » Thank you, Chuck.

[3:39] And next we'll move to commissioner comments. Kent, do you have any comments

[3:43] you would like to make? >> No.

[3:46] » Lee?

[3:50] » No. >> Um I just have one and um, I've had

[3:56] several people come and speak to me or call me

[3:59] um, about the what's it called? The substation.

[4:04] And um, so I will

[4:09] set up a meeting with Reiker so we can go over like what what the requirements

[4:13] were that we set up for them at our I believe that was our February approval

[4:17] meeting of their CUP. Okay.

[4:21] So I just wanted to make them let them know that I was

[4:24] going to follow up on that for them. And Claudia, do you have any comments?

[4:29] » Uh, no comments but I've had several people ask me if I've heard anything

[4:33] more about the road. So I don't know if anyone else has heard of Sheep Bridge

[4:38] Road being paved or timing or anything. Nobody's Yeah.

[4:43] » Yeah, well um, they're doing

[4:45] I said they're doing um, >> the final environmental

[4:49] » Final environmental assessments right now.

[4:50] » Okay. Thank you.

[4:54] Thanks.

[4:59] All right.

[5:03] Thank you.

[5:07] All right. And with that, we have two items before

[5:11] we go on to our public hearing. I usually do an overview of the items on

[5:16] board and one is um, the general plan

[5:21] after making amendments due to from the feedback we received at our last

[5:27] um, public meeting and our last work meeting on the topic.

[5:32] And we are also going to be looking and hearing public comment at

[5:37] an ordinance that um, Reiker has put forward to us about text

[5:44] and zoning map amendments setting up procedure

[5:48] so that is consistent um within our code and

[5:53] matches state code, which has been currently adjusted.

[5:58] All right. So, with that I'll take a motion to close the public meeting and

[6:02] open the public hearing.

[6:05] » That we close the public meeting and open public hearing.

[6:09] » Do I have a second? >> I'll second it.

[6:12] » All in favor? >> I.

[6:13] » I.

[6:18] Okay. First item up for public hearing tonight

[6:21] is an ordinance amending and restating our Virgin Municipal Code 16-2-330

[6:28] and 16-2-332 to establish procedures for zoning text

[6:33] amendments and zoning map amendments and providing for related matters.

[6:40] I did not receive any emails. Um we have no um

[6:45] letters in our folder. Are there any public comments on this ordinance?

[7:06] This is not that. >> So, this this ordinance is merely

[7:11] establishing the application process for zone changes. Previously, that's been

[7:17] not clearly stated in our code, so. >> No, a good question. It's always good to

[7:22] clarify. All right. Are there any other comments

[7:26] on this item for public hearing?

[7:33] Being none, let's move on to our second item, which is um

[7:37] an amendment to the Virgin Town General Plan. This is the update we've been

[7:41] working on for quite some time. Are there any public comments on this

[7:46] item?

[7:53] » I'm Arlene and you can call me Arlene

[7:57] Sorry, this is going to count sound pretty strong, but

[8:00] here you go. Pretty strong about this

[8:04] So, I love the little old houses. I listened to your pitches for the general

[8:07] plan. I took the time to submit detailed input in good faith. Looking at this

[8:12] update draft, it's clear my concerns were tossed straight into the garbage.

[8:17] This version is virtually identical to the last, save for maybe three changes.

[8:22] None of them were good. Instead of addressing the real issues raised by

[8:25] local property owners, you doubled down, inserting even more restrictions on

[8:31] issues and more worried about dark skies.

[8:35] We are naive. We know exactly what this general plan is designed to do. It lays

[8:39] out the legal groundwork for future ordinances meant to strip us of our

[8:43] property rights. As major land owners in this town, we do

[8:47] not consent to the sensitive land designation

[8:50] or refusal to address that washes can be mitigated.

[8:55] If the You think that it can arbitrarily slap

[8:59] sensitive land designations across our property just to stop development,

[9:04] you need to think again or this town will be walking directly into a lawsuit.

[9:10] Furthermore, claiming in the document that nobody wants growth south of the

[9:13] river is not true. And you

[9:17] I know you guys listened to Arlene. He has most of the property

[9:21] and I think his concerns should be addressed.

[9:24] Both the mayor and Arlene have openly admitted to Chuck and I that they don't

[9:29] want any growth in the town. You're governing strictly for yourselves

[9:32] and select few, while completely ignoring the long-term land owners seen

[9:37] by this committee. My father and others were their tails

[9:40] off to make this town place worth living in. Good enough that every single one of

[9:45] you chose to live here. Now that you've settled, you want to

[9:49] slam the door shut and lock the insultingly don't fit out of using their

[9:53] own land. I strongly recommend that the planning

[9:56] and zoning commission review and make some changes to this thorough

[10:00] plan before voting to send it to the town.

[10:03] Thank you. >> Thank you.

[10:08] » Wait, wait.

[10:11] Go ahead. Go ahead. I'll switch you over.

[10:13] » Oh. Tell me when.

[10:23] Okay. >> Chuck Mascola, Burton Town Business

[10:25] Improvement District. Uh I was I'm just going to send this

[10:28] letter to all council people in Burton. And

[10:31] everybody said so we're not wasting paper.

[10:34] Um you can sign it. >> Thank you.

[10:36] » Um I'm writing this for only one reason, my

[10:38] serious concern regarding the way the town

[10:41] is proposing to do the next slide. And then during the draft, several

[10:47] critical gaps and concerns came lack of economic growth strategy.

[10:53] Where in this draft are private sector job creation and local business

[10:57] incentives addressed? The private community requires a

[11:00] forward-looking strategy that supports sustainable economic growth.

[11:06] Good point. Over-regulation versus encouragement.

[11:10] This plan fails to encourage balanced development in Burton.

[11:15] On the contrary, it creates additional barriers for economic distributed.

[11:19] Over-regulation that dampens economic opportunity

[11:23] and property rights.

[11:27] Transparency and red light. I hope I'm getting the term right. Red

[11:31] light means where you see the old draft and by side so you can

[11:34] see what's been changed.

[11:37] And while the proposed changes not been provided redline below

[11:42] without a clear line by line comparison against existing general plan

[11:47] not the the draft existing general plan adopted in 2020.

[11:52] It should be also in side by side. Uh

[11:56] it's nearly impossible for residents, property owners, and officials to

[11:59] evaluate precisely what is being altered, added, or

[12:04] I strongly urge the town council and planning commission to pause the

[12:07] adoption process without a fully redline comparison of the current plan with the

[12:11] existing draft and reopen discussions to amend the

[12:14] existing general plan and the plan development policy.

[12:19] And that's the letter that basically we got a town plan as a gift.

[12:25] And I feel like it would be beneficial for everyone in town to

[12:30] to actually see the old side by side cuz as it is right now

[12:36] luckily she has the notes she made at the meeting 6:30 cuz she just got them.

[12:42] Otherwise, she wouldn't even know to see what changes were made since then.

[12:47] I think people would like to know what changes have been made and understand

[12:50] them in order to give input and feedback.

[12:54] Um not just the select few that might do

[12:58] that was going on. So And my other suggestion is when

[13:02] something as big as the general plan is on the agenda, I understand that

[13:07] it's a public notice that goes out. But unless you're signed up to the

[13:12] public website I'm guessing a large percentage of the

[13:16] town is not on it. You wouldn't even know about this thing.

[13:19] » Mhm. >> So the general public that aren't

[13:22] necessarily have their finger on the ball about town

[13:26] planning and are working places kids they should know that this is this is a

[13:30] meeting that they may want to attend. They may want to put their input in.

[13:36] Once they have the information they need.

[13:38] So, I just have to write the information to

[13:40] is clear enough and I told him that we are giving everyone

[13:45] in town the opportunity. Uh shortly

[13:48] then try to use it. Keep track of what's going on

[13:52] in town. Yeah. Uh

[13:57] So, that's what I called. Make sure you have consideration and so

[14:02] » Thank you, Chuck. Thanks, Chuck.

[14:05] Are there any other comments at this moment from the public?

[14:17] And hearing none, um we will I will take a motion to

[14:23] close the public hearing and open the public meeting.

[14:30] I move we close the public hearing and open the public meeting.

[14:35] Do I have a second? >> I'll second it.

[14:39] » All in favor? >> I.

[14:41] » I. >> I.

[14:46] » All right. So,

[14:52] there were no comments on the text and zone change

[14:59] um item to clarify from the public to reduce confusion. Is there anything you

[15:07] wanted to point out where we have members of the public here on this item?

[15:11] » Um just to further explain that this ordinance comes as a result of changes

[15:15] in state code. Um the state is now requiring that application requirements

[15:21] or application checklists be listed on the town's website and backed up by the

[15:25] town's code. And so as a result of that, we've taken

[15:28] this process that previously has been combined into one process as and

[15:34] separated into two distinct processes with their own application requirements

[15:39] rather than creating confusion between the two. So, it's it's not

[15:45] too crazy, but it's just a a clarification on the application.

[15:50] » each other if you've read the ordinance, they do kind of parallel. And we will be

[15:54] discussing this item thoroughly next week at our work meeting

[15:58] um for a vote in September.

[16:03] So, all right. Um does any other

[16:05] commissioner have any anything that they would like to comment on this particular

[16:09] item?

[16:12] I have one question about it. Um just I read it, but it's been a week or two.

[16:20] Um does it mention We've had trouble in the

[16:24] past where overlay zones were passed without the

[16:28] the same procedure that a regular zone change requires, and I don't know if the

[16:34] there's anything in the text of that to mention an overlay

[16:39] re-zone. >> So, this would not govern that portion

[16:44] of the code necessarily. Um it it would depend on how overlay zones specific

[16:50] overlay zones were written. Um so,

[16:54] essentially it would be dependent upon the overlay zone code to call on this

[16:59] process to be required for the change if that makes sense.

[17:03] » It does, but I think that the existing overlay zones have at least

[17:09] some of them specifically say that one of the steps

[17:13] is to get the re-zone from the town. >> And so if that were the case, then it

[17:16] would have to follow this process. >> Okay, I see.

[17:19] It would be good to reread that section of code prior to our meeting next week

[17:23] though. >> Yeah.

[17:24] » Okay. Any other thoughts?

[17:27] Claudia? >> Thank you.

[17:28] » Kent? >> No.

[17:29] » All right, thank you. And then um

[17:32] the last item for our discussion tonight is discussion and possible

[17:37] recommendation of the Virgin Town Plan.

[17:45] Um I would have to respectfully um

[17:51] point out that um I believe as does

[18:00] our consultant from Five Counties believe

[18:06] because I asked him this that we more than adequately adequately

[18:10] reached out to the town. More than adequately offered them a

[18:15] chance uh giving additional input once the initial

[18:18] input stage, which is very different from what was done at the previous plan

[18:24] which it was never put out for any public input after the initial

[18:30] um general meetings. Um

[18:35] I just want to clarify for the record that um

[18:40] I am not anti-growth. I am about balanced growth.

[18:45] Since my name was specifically meant and we will be respectful

[18:51] as I was to anyone who makes a comment. Um

[18:58] we even in the last one we made more than two or three changes and we

[19:03] actually documented those changes as as we

[19:08] had a robust discussion. I and when we actually made the changes

[19:15] in the document, we linked them in our notes

[19:20] to whoever made that comment. >> Mhm.

[19:23] » And I believe we ex- had changes from almost everybody's

[19:28] comments of the very last hearing that we had.

[19:33] So, I I just wanted to clarify that. Um

[19:40] And this is a new general plan, so it will be replacing and it's not a

[19:45] matter of the redlining. It's not It's not an edited No, not an edited.

[19:51] It's a start from scratch. >> And once again, in the previous

[19:56] reiteration, that was not done either.

[20:00] » No. >> The changes were not done. That was not

[20:04] done. Um

[20:09] That's all I have to say. I think that my personal belief is we put a lot of

[20:13] effort to hear people and this document is ready for the next step.

[20:20] » Can I say >> Absolutely. I'm going to call each of

[20:22] you. >> I just want I don't know um

[20:26] how many people observed all of this, but uh

[20:30] when we first started working on this, we went through, you know,

[20:36] what do they call them? Element by element. And we had a lot of

[20:41] debate over each thing. And lots of people

[20:47] lots of viewpoints were represented and negotiated

[20:52] and so, what what you have in front of you now is

[20:57] the result of a lot of sort of compromise and

[21:02] you know, investigation and uh all of those things. Um

[21:08] Uh yes, it's been a long time since we

[21:10] started this project. So, I mean, I don't know if anybody even remembers the

[21:14] early days of it. Uh but it was it was very um

[21:21] active, this the whole debate. So, I just wanted to point that out.

[21:26] And also that this is not this is not something that we are going

[21:31] to adopt as uh

[21:35] rules. It's an advisory document. So, it doesn't have a whole lot of

[21:41] effect on whatever regulations what are uh

[21:46] existing in the town. So. Or new ones that come up.

[21:52] That's it for me. >> Kent, do you have any comments on this

[21:54] idea? >> Yeah, I do uh

[21:56] agree with what's said. Uh it's been a lot of hard work and a lot

[22:01] of uh thought and and compromise

[22:05] in this plan uh

[22:08] that's being sent to the town.

[22:12] We're voting to send it to the town or not.

[22:15] I do think that um

[22:19] Chuck made a an interesting comment that maybe we can

[22:24] work with. And and that would be that there are a lot of people that just

[22:29] aren't interested in this kind of stuff. And there are people that don't know how

[22:33] to uh find out about it if they become

[22:36] interested or something like that. But I know that the mayor is and the town is

[22:41] really, really good about giving opportunity for people for comment in

[22:46] her newsletter and on the website. And I wondered, you

[22:51] know, if there could be some recommendation that in maybe the

[22:58] newsletter that comes to everybody for their

[23:00] utility bill says that how they can get online or

[23:04] they can come into the town office and get a copy of the

[23:09] proposed um um document that >> And we've done that.

[23:13] We've had hard copies available in the office.

[23:16] Um for those who are not familiar with digital access or

[23:21] or don't have it. >> Mhm.

[23:23] » So I So I'm recommending again for the same thing that that the town have

[23:28] available a copy about the general plan as they discuss it if not now uh that

[23:34] people could uh be helped to get a copy of it or be able

[23:39] to find it online uh if they don't know how or if somebody

[23:43] could help them do that. So um

[23:47] we have as you say worked to this to

[23:51] to the a very tiring point and we're anxious to

[23:55] move it forward to the town council and and to the mayor.

[24:00] And and I'm certainly voting for that.

[24:05] » Are you Is that all? >> Yeah.

[24:08] » Okay. Claudia? >> Um I was thinking about it when Chuck

[24:12] was talking about it. I love the idea of putting it more frequently in the

[24:17] newsletter about the town meetings. I know that it's everywhere and it's

[24:21] always the same, but I was that person that was always traveling for my work

[24:26] and um family and I was always gone. And so when I was in town

[24:32] I was trying to catch up. I really at the time didn't understand the

[24:35] difference between town council and planning and zoning. And I've only been

[24:40] in this world for 4 months, so I have not worked as hard on this as all you

[24:44] have. So um but I do remember even with all of my traveling and going going in

[24:50] and seeing all the work that you guys have done. I know that you've talked

[24:54] about it. I I that you've had discussions. so I feel like as much as

[25:00] I was out of town for work, um, I was aware of it. So, I think people

[25:05] who live in this town, um,

[25:09] should have the ability and the energy and the interest to jump in. So, I think

[25:16] that I think one more time, and maybe it's a

[25:19] final blurb on that newsletter every week to remind people about it or every

[25:24] month, sorry. I think that would probably be super helpful.

[25:28] Um, for people like me who didn't know it until I got into this

[25:34] role pretty much. So, I think it'd be very helpful.

[25:38] But, I feel like you've worked really hard on it. I think you've made every

[25:41] opportunity available to people, and I know that when I first moved here, there

[25:44] was no access to things. So,

[25:48] um, I feel really good about the work that's been done.

[25:54] » Are there any further comments?

[25:58] Um, record, do you have anything to add on this item? I know that you weren't

[26:02] intimately involved in it, but I just wondered.

[26:04] » Yeah, I haven't been >> you an opportunity as well.

[26:06] » to be involved in this process. Um, my only note is is that as we've

[26:13] as we've discussed, um, potential future amendments to the plan,

[26:18] um, that we just ensure that we continue to

[26:21] to get uh, public input and make sure that

[26:25] that's incorporated into the document. So,

[26:27] » Absolutely. All right, if there are no further

[26:31] comments, I will take a motion for a vote on this. Do you have a further

[26:35] comment? >> No, I'd like to make a motion.

[26:37] » Oh, okay. >> I'd like to move that we,

[26:41] uh, move the,

[26:44] uh, recommend we

[26:51] move the amendment for the Virgin Town General Plan as discussed to the town

[26:57] council. >> Do I have a second?

[27:00] » I'll second it. >> I'm going to do a voice vote on this.

[27:04] Claudia? >> I.

[27:08] » Darlene? I. Lee?

[27:10] » I. >> Kent?

[27:11] » I.

[27:14] » All right, that is the final item for our meeting um and unless there's

[27:19] something I don't know that's not listed here. Um

[27:23] I will take a motion to adjourn. >> I will move that we adjourned.

[27:29] » Second?

[27:31] » Second. >> All in favor?

[27:33] » I. >> I.

[27:34] » I. >> I.

[27:36] » Thank you, everyone. Have a good evening.

[27:44] » Stop.

[27:49] And then

Planning and Zoning Meeting August 11, 2026

Transcript